A Study On Family Tust Registration System In China

Family trust,as a legal tool to protect the effective inheritance of family wealth,has attracted more and more attention of high-end crowd worldwide.In recent years,the market prospect is very clear from the birthplace of Britain to China.But it is difficult to integrate with our legal system.At present,family trust is widely regarded as an investment deviation rather than an important direction of trust.Family trust is also facing the dilemma of imperfect basic legal system in operation,which leads to its limited development in China,and the most critical is the lack of family trust registration system.In December 2016,the first national trust registration platform established in China,Chinese trust registration limited liability company;in August 25,2017,Chinese Banking Regulatory Commission issued “Trust Registration Management Measures”,these measures in practice can temporarily solve some of our practical problems facing the development of trust,in a certain sense to promote the development of trust the registration system of our country,the essence of question but failed to solve the influence of development of a family trust in our country,such as the ownership of trust property ownership is unknown,registration is too strict,the right to review the privacy protection and conflict.In order to promote the orderly development of our country’s family trusts,and against the problems faced by the family trust registration system in China,the author is borrowing from the family trust system and trust registration system in the Anglo-American law system and other civil law countries to combine relevant existing laws in China.Provisions and China’s national conditions,put forward the following recommendations: First,China’s trust law should comply with the trend of fiduciary rights expansion in trust laws around the world,improve our country’s “Trust Law” and assign the ownership of trust property to the trustee to resolve the right of trust property rights in China.Unknown problem.Second,China should choose to register the trust registration model that combines antagonism with registration effectiveness to suit the development of China’s family trust.Finally,China needs to establish a double system for the review of trust registration.This article believes that the family trust registration system is the cornerstone of the development of family trusts in China.China should set up a family trust registration system quickly and improve the supporting laws and regulations to clear the obstacles to family trust development in China.